Learning that your illness could have been identified earlier can raise difficult questions about whether your medical care met acceptable standards. When delayed testing, overlooked symptoms, or unreviewed results allow a condition to worsen, patients may face additional treatment, lasting disability, and mounting expenses. New York medical malpractice claims focus...
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About 1 in 38 hospital patients has at least one healthcare-associated infection on any given day, according to the CDC. But an infection acquired during hospitalization does not automatically establish medical malpractice. In New York, liability generally requires proof that a hospital, physician, nurse, or other provider departed from accepted...
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A catastrophic injury can require decades of attendant care, therapy, medication, equipment replacement, accessible transportation, home modifications, and lost income. In New York, future damages must be supported by evidence showing what the injured person will need, how often the expense will recur, how long it will continue, and what...
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When a radiologist misses an abnormal scan, an emergency physician does not act on worsening symptoms, and a specialist is called too late, a plaintiff cannot prove malpractice merely by alleging that the “medical team” failed. Liability must be tied to particular providers. A medical malpractice lawyer must identify the...
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Can a patient have a medically supportable malpractice claim and still put the lawsuit at risk before the defendant even answers the complaint? Yes. New York imposes a filing requirement that does not apply to an ordinary negligence action. CPLR § 3012-a generally requires the plaintiff’s attorney to review the...
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